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HomeMy WebLinkAboutContracts & Agreements_179B-2020Gates Tiberglass NPS Agreement.FY20 0028 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the relining of a wastewater treatment plant fiberglass tank ("Agreement") is made and entered in this 27th day of August, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Gates Fiberglass ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1— ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform the relining of a wastewater fiberglass tank for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 ---- RESPONSIBILITIES OF CONTRACTOR 2 1 The Services that Contractoi shall perforin are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing. P.O Box 3005), Redlands, California 92373 2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 2 4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 181, 5 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Laboi Code sections 1775 and 1813 2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 1 1 Icaldam\Agreements\Gates Fiberglass NPS Agreement,FY20-0028.docx Jn Gates Fiberglass NPS AgreemeniFY20-0028 2 6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 2 7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 2 8 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Rudolph Chow, P E , City's Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 --- PERFORMANCE OF SERVICES 4 1 Contractor shall perform and complete the Services in a prompt and diligent mariner in accordance with the schedule set forth in Exhibit "A " The Services shall commence on the Effective Date of this Agreement and shall be completed on or before October 2, 2020 4 2 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by reference, in an amount equal to one hundred percent (100°/x) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Total compensation for Contractor's performance of the Services shall not exceed the amount of twenty three thousand six hundred dollars ($23,600) City shall pay Contractor on a flat -fee basis in accordance with Exhibit "C," titled "Fee Schedule," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit an invoice to City upon completion of the Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit m first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or 2 L 1caldjmlAgreenents\Gates Fiberglass NPS Agreement.FY20 0028.docx jn Gates Fiberglass NPS AgreementFY20 0028 (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 Contractor Steve Gates, President Gates Fiberglass 2917 Lakeview Way Fullerton, CA, 92835 gatesfrp@aol com 714-636-8273 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services, Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance elfinsurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including 3 L 1ca\djm\Agreements\Gates Fiberglass NPS Agreement,FY20 0028.dncx.jn Gates Fiberglass NPS Agreement,FY20-0028 attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF' INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (n) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof I3 Does not serve in a staff capacity with City and in that capacity, participate m making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 -- GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any 4 L 1caldjmlAgreements\Gates Fiberglass NPS Agreement.FY20 0028.doex.jn Gates Fiberglass NPS Agreement, Y20.0028 assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results m City's immediate termination of this Agreement. 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (11) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractoi m performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Contractor shall mamtam books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herem by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs, or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections 5 L lealdjmlAgreements\Gates Fiberglass NPS Agreement.F'Y20-0028 docx jn Gates Fiberglass NPS Agreement.FY20 0028 contained heiein, unless to do so would deprive a Party of a material benefit of its baigam under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed m confirmation of this Agreement CITY OF REDLANDS GATES FIBERGLASS By 6L.-(. .i a Charles Duggan, Ji , ATTEST y Ma . ger nne Donaldson, City Clerk 6 L \ca\don\Agreements\Gates Fiberglass NPS Agreement.FY20 0028.docx�n By Steve Gates, President Gates fiberglass NPS Agreement.FY20 0028 EXHIBIT "A" SCOPE OF SERVICES Provide Relining of Fiberglass Tank at the Chemical Facility of the Wastewater Treatment Plant located at 1950 Nevada St. Redlands, Ca 92374 is 1. s Jr II, -- �'r. RSI, The following is the expected scope of service chi,• .,, . Repairs shall include replacement or relmmg of all connections and manways Entire vessel interior (except the dome) shall be relined utilizing a premium grade vmylester resin and Methyl Ethyl Ketone Peroxide (MEK-P) as a catalyst to be compatible with the stored chemical, 12 5 % Sodium Hypochlorite Resin used shall be a commercial grade corrosion resistant thermoset that has been evaluated m a laminate by test in accordance with ASTM C581 or that has been determined by previous documented service to be accepted for the service condition Resm shall not contain no pigment, dyes, colorants, fillers (sand/silica) or extenders, except resin past used to fill crevices before overlay Surface Mat Veil -Reinforcement used for the liner surface shall be composed of commercial -grade chemical resistant glass surface mate, organic-fibei surface mat, or carbon veils as recommended by the resin manufacture foi the specified chemical service environment. Flanged connections to existing plumbing should be disconnected and lock -out procedures Confined space procedures must be followed at all times and provide confine space certificate Contractor must provide "hole watch" person capable of performing CPR An an and gas sniffer that has been calibrated in the last 6 mos will be used prior to entering the vessel and proper personal protective equipment will be worn at all times Scaffolding where required will be set-up in a safe manner and all OSHA regulations followed All sidewalls and floor will be ground sufficiently followed by hand sanding where required Laminate side wall and floor 4 hour post cure time will be performed at approximately 120°F. 7 L Ica\dein AgreeinentslGCates Fiberglass NPS Agreement.FY20 0028.docx.in Gates Fiberglass NPS Agreement.FY20-0028 EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and Gates Fiberglass(hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to Repair Services for Relining of Fiberglass lank (the "Work"), which said agreement, dated September 14., 2020, and identified as Fiberglass Tank Repairs hereby referred to and made a part hereof, and Whereas, under the terns of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Twenty Three Thousand Six Hundred Dollars ($23,600) for materials furnished or labor thereon of any kind, of for amounts due under the Unemployment Insurance Act with respect to such work oi labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the Judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them of their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration oi addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on , 2020 (SEAL) (SEAL) (Contractor) (S urety) BY. (Signature) (Signature) Address (Seal and Notarial Acknowledgment of Telephone( ) Surety) 8 L \es\djm\Agreements\Gates Fiberglass NPS Agreement.fY20 0028 doex in Gates Fiberglass NPS Agreement,FY20-0028 EXHIBIT "C" Description Reference UoM Quantity Line Total Resin- Commercial - grade corrosion resistant Lump sum LS 1 $4,200 00 Surface mat veil (Inner Surface) Lump sum LS 1 $2,800 00 Labor for Sidewall and Floor Grounding by hand Lump sum LS 1 $4,400 00 Labor to Laminate Sidewall and Floor Lump sum LS 1 $11,000 00 Hole Watch Person Lump sum LS 1 $1,200 00 Subtotal Total 9 L IcalcltmlAgreernents\Gates Fiberglass NPS Agreement.TY20 0028 ciocx jn $23,600 00 $23,600.00 Gates Fiberglass NPS Agreement.FY20 0028 EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employee, except the State, shall secure the payment of compensation in one of more of the following ways (a) By being insured against liability to pay compensation by one of more insurers duly authorized to wnte compensation insurance in this State (b) By securing fiom the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employee, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Di'ectoi of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his 01 hei employees CHECK ONE I am aware of the provisions of Section 3700 of the LaboiCode which iequnes every employee to be insured against liability foi Workers' Compensation 01 to undertake self-msuiance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the perfonnance of the woik and activities required of permitted under this Agreement (Labor Code §1861) /I affirm that at all times, in performing the woik and activities requned or permitted undei this Agreement, I shall not employ any person in any mannei such that I become subject to the workers' compensation laws of California Howevei, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, 01 a certification of woikers' compensation insurance I certify undei penalty of penury under the laws of the State of California that the information and representations made in this certificate are true and correct GATES FIBERGLASS By Steve Gates, president 10 L Ica\djm Agreements\Gates Fiberglass NPS Agreement.FY20 0028.docx jn Date Premium subject to adjustment based on final contract price EXHIBIT "B" LABOR AND MATERIAL BOND Gates Fiberglass NPS Agreement.FY20-0028 Bond No 100514970 Premium $472 00 Whereas, the City of Redlands, State of California, and Gates Fiberglass(hereinaftei designated as "Principal") have entered into an agreernent (the ` Agreement") whereby Principal agrees to Repast Services for Relining of Fiberglass Tank (the "Work"), which said agreement, dated September 14, 2020, and identified as Fiberglass Tank Repairs hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is requ&red before commending the performance of the Work, to file a good and sufficient Laboi and Material bond with the Cily of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) c.f Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporal_ sdrety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedu'•;; m the sum ofTwenty'l hree Thousand Six Hundred Dollars ($23,600) for materials furnished oi laboi thereon (,f any kind, oi for amounts due under the Unemployment Insurance Act with respect to such work or 'aboi, Lint said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, M, Ill pay, in addition to the face amount thereof, costs and reasonable expenses and foes, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein renderLd It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (Lommeneing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them oi then assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect I'he surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on September 9 2020 (SEAL Gates Fi rglass Instal' i) a Cali Co •oration (signature (SEAL) American Contra' •� Company �5 ney In Fact (Surety) BY (Signature) Pa ito, At Address American Contractors Indemnity Company 625 The City Drive S Suite 205, Orange, CA 92868 (Seal and Notarial Acknmvledginent of 'Telephone( ) 714 740 7000 Surety) 8 L1ca\dpnlAgrecincnts\GalLs Fiberglass NPS Agreemeni.FY20 0028.docx.jn TOKIOMARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, PAUL S DITO its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100514970 issued in the course of its business and to bind the Company thereby, in an amount not to exceed One hundred thousand and 00/100 ( $100,000.00 ). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 18t day of September 2011 "Be if Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company to execute, acknowledge and deliver any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. The Attorney -in -Fact named above may be an agent or a broker of the Company The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company IN WITNESS WHEREOF American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this lei day of June, 2018.on' Gp r �4A?....r,.AT vQ O. ='- i 8146R?0MAth8 x Wy SEPt2r 1540 j<- y. a. ACRi ;Fairto State of California County of Los Angeles AMERICAN CONT CTORS INDEMNITY COMPANY la By ►1y'TEJS.tA Ad S. Pessin, President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On this 1R' day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 56040. EASELS i c- LCs,A4lesCIXnty Co SZE i 21]94]0 ` My Owl, EvItes Apr 21. IDII E I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand thin 9th day of September Bond No. 100514970 Agency No. 3796 X11 nuc Stun. ef'r 'Vi E2 WCGRPURATEt I y SEPT. 2S,1880 •••c 04S i'f L " nu visit tmhcc.com/s arety for more information 2020 Kio Lo, As 1Rah nt Secretary HCCSZZPOAACIC08/2018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 GYeu•prdC',5.,vu .fs`.i 'G `i�+5a`C>i eC"i� iLS 'h � - •.e�f m�. : t. s> .af_a!_� .cs �aYLc'(S A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California County of ) Orange ) on ScPi-ch1brr 61j-zoao before me, Angela K Kim, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul S Dito Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(g) subscribed to the within instrument and acknowledged to me that he/stmAtlY4 executed the same in hisZgritlatacauthorized capacity(#im), and that by his, signature(ix) on the instrument the person(x), or the entity upon behalf of which the person(s) acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct ;tiff,. -ems. . ANGELA K KIM Notary PLJE ic-California ar':rrc• County Cornr:issi0n if 2190919 V>' My COMM Expires Apr i 1 2021 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signate o et .ry Public -41 Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Bond# 100514 q 70 Document Date. Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Paul S Dito I 1 Corporate Officer — Title(s) 11 Partner — I i Limited 1 1 General I.}Individual CI Attorney in Fact I_ I Trustee H Guardian or Conservator C1 Other Signer Is Representing Signer's Name 1 Corporate Officer — Title(s) Partner — l -7 Limited I-1 General Individual I.-1 Attorney in Fact [1 Trustee 1 1 Guardian or Conservator _I Other Signer Is Representing ��cuk�<�c cxc oxcxc cse z�c�cRc v�c�ccc�v e c cscu�cu c e e c •s -E. -;e, c (J •uxc�x?r,-.. ::t ©2014 National Notary Association • www NationarNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907